Warranty

III. This warranty does not extend to:
a. Products which have been improperly installed.
b. Products installed over improperly prepared sub-surfaces or preparation of sub-base not specifically
approved by manufacturer.
c. Normal wear and tear of products.
d. The surface appearance of the product or color inconsistency.
e. Products subject to misuse, abuse, neglect, chemical cleaning, adhesives not recommended for use, or
contact not specifically approved by manufacturer.
f. Products which have been altered, modified, fabricated, or amended in any way.
g. Cracking, warping, soiling, fading, improper maintenance or abuse caused during the service life and
items such as roller skates, golf shoes, pets, cleat, weight and exercise equipment, etc.
IV. Manufacturer’s sole liability under this limited warranty shall be the repair or replacement, excluding
installation and other costs, at its option, of product strictly according to the procedures set forth below.
The implied warranties of merchantability and fitness for a particular purpose are hereby specifically
disclaimed. In no event shall manufacturer be liable for any special, indirect or consequential damages,
whether arising out of contract, tort or any theory of law. Rubber-Cal, Inc. shall not be liable for any
damage, loss or claim whatsoever unless the material is installed and used according to the written
instructions provided by Rubber-Cal, Inc. and used only as intended by Rubber-Cal, Inc.
V. To exercise this limited warranty, manufacturer must be notified within fifteen days of any occurrence giving
rise to claim and prior to installation, given opportunity to inspect the product, and have issued direction
to the original purchaser respecting disposition of product to be replaced under this limited warranty.
Purchaser shall comply with all reasonable requests of manufacturer in the administration of any warranty
claim. Non-compliance with installation instructions and maintenance guidelines as recommended
by Rubber-Cal, Inc. Manufacturer cannot assume responsibility for the suitability of flooring and rubber
sheet material and accompanying products for each individual installation, use, and application. As
manufacturer has no control over the installer’s proper application. Should an individual piece be doubtful
as to appearance or dimension, the installer should not use the piece in question. Such damage is not
covered.
VI. NO AGENT OR REPRESENTATIVE OF RUBBER-CAL, INC. HAS ANY EXPRESS OR IMPLIED AUTHORITY TO MAKE
ANY REPRESENTATION, PROMISE OR GUARANTEE NOT STATED HEREIN.
VII. Exposure to UV light and sunlight will cause color variation to rubber products.
VIII. No returns will be accepted without written authorization from Rubber-Cal, Inc. Failure to comply with the
above constitutes a waiver of your claim.
IX. Rubber-Cal, inc. will at its option either repair or replace from current inventory of available products the
defective flooring and or rubber sheet, provided the defect is not the result of misuse, accident, abuse or
alteration and provided further that the product is used in the manner specifically set forth in literature
describing the product which is issued or provided by Rubber-Cal, Inc.
5. Changes, Reschedules and Cancellations: Buyer may request to modify the designs or specifications for the
items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of
this order, however, no such requested modification or cancellation shall become part of the contract between
Buyer and Seller unless accepted by Seller in a written amendment to this Agreement. Acceptance of any
such requested modification or cancellation shall be at Seller’s discretion, and shall be upon such terms and
conditions as Seller may require.
6. Special Tooling: A tooling charge may be imposed for any special tooling, including without limitation,
dies, fixtures, molds and patterns, acquired to manufacture items sold pursuant to this contract. Such special
tooling shall be and remain Seller’s property notwithstanding payment of any charges by Buyer. In no event
will Buyer acquire any interest in apparatus belonging to Seller which is utilized in the manufacture of the items
sold hereunder, even if such apparatus has been specially converted or adapted for such manufacture and
notwithstanding any charges paid by Buyer. Unless otherwise agreed, Seller shall have the right to alter, discard
or otherwise dispose of any special tooling or other property in its sole discretion at any time.